Legal Question in Credit and Debt Law in Florida

Wage garnishment

I have been a legal resident of florida for more than 6 years. However a firm filed a judgment against me in my previous home state of Indiana. I only discovered this after I received legal papers through my employer. I also found that the firm is not licensed in Florida. In the papers the firm presented to the court, they claimed I am a resident of Indiana and have been notified by 1st class/certified mail.(I have not been so notified. Thus, I do not know whom the firm claims to represent for a debt. My wages are now being garnished. Do I have a recourse?


Asked on 8/05/07, 8:00 pm

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Wage garnishment

Only matter to add to last reply is that you should not waste any time in acting.

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Answered on 8/06/07, 5:05 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Wage garnishment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If they are dealing with a judgment from another state, they would have been required to domesticate it in Florida in order to garnish your wages in Florida. A notice should have been mailed to you by the court by certified mail and you had the right to object to the judgment. You need to check out where the judgment was recorded and file an objection.

Your wages might not be subject to garnishment under Florida law if you are the head of a household. You should consult a qualified attorney who can review all of the facts and advise you of your legal rights and responsibilities.

Scott R. Jay, Esq.

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Answered on 8/05/07, 8:34 pm


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